John Marshall (abt. 1614 - abt. 1688)

Born about 1614 in England

Descendants

Died about 1688 at about age 74 in Isle of Wight, Colony of Virginia

Biography

John Marshall was a Virginia colonist.

John Marshall was born about 1614 in England. His parents are at this time unknown.

Immigration to Virginia

John was living in Isle of Wight County, Virginia, in 1638 when he is recorded purchasing land there. His exact date of arrival is unknown. Possible records which may apply to his transport to Virginia include:

• Jo. Marshall, age 21, aboard the Plaine Joan, Richard Buckam, Master, on 15 May 1635.^[1]
• Joane Bennett, Widdow, 450 acs. Chas. RIv. Co., 6 May 1636, p. 346. ,,, 400 acs. for trans. of 8 pers: Ann Winter, Ron. Rocto, Jon. Marshall, Tho. Presitt, Andrew Change, Jon. Morris, Pole Carplights.^[2]

Marriage & Children

John Marshall married about 1638 in Isle of Wight County, Virginia. At this time the name of his wife is unknown. John had three known children, all named in his will:

• Humphrey Marshall (bef.1640-1711), left no sons and perhaps four daughters
• "youngest son" Robert Marshall (abt.1650-1698), md. Mary Penny and left seven children, six under age, at his death. Children named in Robert's will: Joseph, Humphrey, John, James, Robert, Mary, and Elizabeth Marshall
• Mary Marshall

Elizabeth (Scowne) Westray (abt.1630-aft.1666), widow of William Westray of Isle of Wight County, is often linked as wife of this John Marshall, or, erroneously, as wife of John Marshall (abt.1596-bef.1688) of Westmoreland County, Virginia. This is based on a deed in 1666 in which she "deeds all real and personal estate to John Marshall and Humphrey Marshall, his son, *** to evidence to my said children, John and Humphrey Marshall, 8 May, 1666." As a result, she is said to be the wife/widow of John Marshall. In reality, there is no documentation found anywhere giving the first name of her Marshall husband. Based on his will, this John Marshall had sons Humphrey and Robert, no John. In addition, this John was still living in 1667 while Elizabeth's supposed second husband William Westray died in 1664. Unless one wants to posit a divorce from John and remarriage to William, I think Elizabeth can be discounted as wife of this John Marshall. (Strutton-11 16:48, 1 May 2023 (UTC))

Land Transactions

• Whereas my father John Vallentine by deed dated 13 Jan. 1638, sold unto Mr. John Marshall a tract of land in lower Parish of Isle of Wight where said Marshall now lives, 100 acs. adj. Everett Roberts and down the creek that leadeth to The Then Church, know, that I james Vallentine, son and heir to said John Vallentine and wife Mary confirm the said sale 8 Jan. 1667. Liby Hibball, Susanna Calloway. (W&D I -- 1667-1715, p. 121.) p 550^[3]
• John Marshall, 200 acs. Isle of Wight Co., 8 June 1655, p. 354. 120 acs. part of devdt. purchased of John Valentine & assigned to sd. Marshall; 80 acs. adj. his own, land of George Midland & Richard Penny, & due for trans. of 2 pers: Edw. Wms. (Williams), Jno. Wormington. Repatented 28 Jan. 1662.^[2]
• John Nevill of Nansemond, planter, and Eliz. his wife sell to John Marshall of Isle of Wight, for 1000 lbs. tbco. 400 acres land granted 6 Mar. to Henry Bradley and Bradley sold to Nevill, Feb. 2, 1663. Rec. in Nansemond, John Lear, Clerk. Rec. in I of W. Jno. Jennings, Clerk. Test, Arthur Skinner, Wm. Burgh.^[3]
• Mr. Jno. Marshall, 700 acs. Isle of Wight Co., 12 July 1665, p. 252, (184). W. side of the Wester Sw., beg. at lower cor. tree of Capt. Fulghams land, extending down Sw. to land of Tho. Harris &c. Trans. of 14 pers: "Six Rights due from the abovesaid pattent, vizt:" Susan Nore (or Noree), Jane Charratt, Fortune Trevett, Wm. Bough, Eliz. Lees, Robt. Gues, Danll. Murfery, Ed. Cooke, Tho. Watson, James Jnoson, Tho. Bawd (?), Tho. Bauldin, Martha Dell.^[2]
• John Marshall sells Wm. West 160 acs, 6 June, 1667. John Burnell, John Askew. p 548^[3]
• John Nevil of Nansemond, planter and Eliz. his wife sell to John Marshall of I. of W. for 100 lbs. tbco. 250 acs. in Nansemond Co., adj. Nansemond River, part of 450 acres granted by Gov. Berkeley, 6 Mar., 1662 and sold by him to John Nevill, 2 Feb., 1663, in Nansemond. 25 Jan 1664. p 586^[3]
• John Marshall 28 Apl. 1667 sells Cornelius Scully for 2000 Lbs. tbco. 150 acres lying on Beaver Dam Swamp bought of John Nevill. Teste, Giles Driver, Jno. Abbott to on 28 April 1667. P 548^[3]

Other Records

• John (X) Valentine, will, May 8 1652, friends John Marshall and William Lewis to be exrs. My land to my eldest son James Valentine if he lives to be 21. If he die before that to eldest dau., Ann Valenine, then to my second dau., Elizabeth, then to my youngest dau., Margeret Valentine. Until they shall enjoy it then my wife Elizabeth shall use it. Test, Will Westwray, Nicholas Nethercoat. p 518^[3]
• Ambrose Bennett, Arthur Smith and Richard Sharp bind themselves to pay Elizabeth Westwray, widow, the sum of 40,000 lbs. tbco. on demand. The conditions being that the aforesaid men at all times bind themselves to defend her for the possessing of Ambrose Bennet with the estate of his dec. father and putting in the hands of Wm. Westwray deceased husband of said Elizabeth. 11 Apl., 1665 Teste, Jos. Bridger, Jno. Marshall. Whereas John Marshall and Wm. Andrews became surety for Wm. Westwray on condition of his being guardian for Ambrose Bennett, said Marshall and Andrews having no security said above sureties for Eliz. Westwray also agree to save from any damages. 6 June, 1665. Teste, George Smyth, Thomas Parnell. pp541-2^[3]
• Elizabeth Westwray, widow of Wm. Westwray, deeds all real and personal estate to John Marshall and Humphrey Marshall, his son, *** to evidence to my said children, John and Humphrey Marshall, 8 May, 1666. Teste, Thos. Holloway, Peter Garland. p 544^[3]
• William Goodwyn of Lower Parish, acknowledges receipt of legacies left to Eliz. Wright by will of her father Thomas Wright. 6 Sept. 1666. Teste, John Marshall, Barnett Krudop. p 545^[3]
• John Marshall for love and aff. for his son Robert Marshall grants him land purchased from John Nevill 25 Jan. 1664. Dated 9 July 1680. p 586^[3]
• John Marshall, for love and aff. gives his son Humphrey Marshall, all of his estate at his death. 8 Nov. 1680. Wm. Hobbin, Anthony Holliday, Wm. (X) Askew. p 587^[3]

Bacon's Rebellion

• Isle of Wight's List of 26 Grievances, 5 March 1676/7, was prepared by "Marshall's Serv't" and was signed by John Marshall, neighbor Anthony Fulgham, Richard Penny (father of Mary Penny wife of John's son Robert), among others.^{[4] [3]}
• John Marshall and Tho. Marshall signed the Petition in behalf of William West (abt.1642-abt.1709)... "We pray for his life and the restitution of his estate to his wife and children."pp 162-163^[3]
• 19 Apr 1677 - John Marshall before open court, 19 April 1677, made apology for having uttered and publicly spoken ... scandalous words before the Worshipful Court .... The following inhabitants of Isle of Wight in a paper drawn up present to His Majesties Commissioners stating their Grievances and seek pardon, and promise never to be guilty of being false and scandalous and are utterly unable to prove, and seek mercy of Gov. Wm. Berkeley. At Court, 9 April, 1677. (signed) Ambrose Bennett, John Marshall .... Presented by John Marshall, Sr., ... was ordered to be recorded. Jno. Bromfield, Clerk. p 574^[3]

Death & Legacy

Abstract will of John Marshall of Isle of Wight County, Virginia. Dated 4 Oct., 1687; Proved 9 June 1688.^[5]

• Will of John Marshall, X his mark: Son Humphrey, dau. Mary; "youngest son" [possibly Robert]; brothers Humphrey Marshall and Peter Best.

Research Notes

Possible father
No records have been found which give a confirmed father or mother for this John Marshall. There were other Marshalls in the Virginia Colony who have been suggested as father. One such:

• In February 1638 he [John Thomas, Sr.] was living near Henry Marshall on the York River, apparently on adjoining property. Later records indicate that John's grandson married a granddaughter of Henry Marshall.^[6]
  • Humphrey Marshall, son of this John Marshall, married Priscilla Thomas, daughter of William Thomas, granddaughter of John Thomas Sr.. So is it possible Humphrey Marshall, son of this John Marshall, was grandson of Henry Marshall of York County (previously Charles River County)?

Henry Marshall and John Thomas, Sr., do appear to have had some connection.

• Capt. Christopher Wormeley, 1420 acs. Chas. Riv. Co., 27 Jan. 1638, p. 607. ... Due by right of trans. of 16 pers. the 1st yeare: Henry Marshall, John Thomas, ... the 2nd yeare.... William English^[2]
• Georg Higgins, 100 acs. Chas. Riv. Co., 25 Feb. 1638, p. 619.... Due by right of trans. of William English the first yeare, & John Thomas & Henry Marshall the 2nd yeare to Chas. River.^[2]
  • It does appear these headrights for John Thomas and Henry Marshall were transferred, sold, etc., and claimed by several people in Charles River County. The first year of Charles River would be 1634, the year it was formed, and the 2nd year would be 1635.

1 or 2 John Marshalls in Isle of Wight County?
John B. Boddie, possibly based on a deed by Elizabeth, widow of William Westray, assumes there were 2 John Marshalls in Isle of Wight County. One who patented 200 acres in I. of W. in 1655, and his son who patented 700 acres in 1665. Boddie wanted to add an additional generation where none existed.

It does appear there was a younger John Marshall in the county, but he was more likely a nephew, or other relation, than son of this John Marshall. According to his will, this John Marshall had a brother Humphrey Marshall who may have had a son John. It is also known that Elizabeth Westray had a son John and grandson Humphrey whom she named in a deed dated May 1666. But her son John could not have been the son of this John Marshall.

• John Marshall on 6 June 1667, sold a tract of land [160 acres] to William West, and in the will of William West, of February 7, 1708-9, this John Marshall is spoken of as John Marshall the elder. (This indicates that there were two John Marshalls, father and son, or perhaps uncle and nephew, ....)^[7]
• James--(X)--Valentine and Mary--(X)--his wife, convey to Mr. John Marshall, 100 acres which John Valentine (father of said James deeded to said Marshall January 13, 1638, being in the Lower Parish of Isle of Wight Co. on south side of a creek, adjoining Everett Roberts and running to head of creek that leadeth towards the then church; also some additional land bounded by the Deep Swamp and adjoining Richard Penny. Dated 9 January 1667. (This plainly indicates that the John Marshall who bought land from John Valentine in 1638 was living in 1667.)^[7]
  • This establishes there was only one John Marshall in Isle of Wight County who bought land in 1638 and was living in 1667 and eliminates Boddie's second John Marshall. This John also could not be the father of the Marshall children of Elizabeth Westray, since her second husband William Westray died in 1664. (Strutton-11 16:29, 1 May 2023 (UTC))

Sources

1. ↑ Hotten, John Camden, Editor. The Original Lists of Persons of Quality; Emigrants' Religious Exiles; … and others who went from Great Britain to the American Plantations, 1600-1700. John Camden Hotten: London, 1874. Reprinted Empire State Book Co., New York. Pages 78, 80
2. ↑ ^{2.0 2.1 2.2 2.3 2.4} Nugent, Nell Marion, Abstracted and Indexed by. Cavaliers and Pioneers: Abstracts of Virginia Land Patents and Grants, 1623-1800. In Five Volumes. Richmond, VA.: Press of the Dietz Printing Co., 1935. Pages 39, 99, 102, 310, 421, 476
3. ↑ ^{3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13} Boddie, John Bennett. Seventeenth Century Isle of Wight County, Virginia. Chicago: Chicago Law Printing Company, 1938. Pages 157, 162, 163, 232, 233, 518, 541-2, 544, 545, 548, 550, 574, 586, 587
4. ↑ “Causes of Discontent in Virginia, 1676 (Continued).” The Virginia Magazine of History and Biography, vol. 2, no. 4, 1895, pp. 380–92. JSTOR, http://www.jstor.org/stable/4241846. Accessed 28 Apr. 2023.
5. ↑ “Isle of Wight County Records.” The William and Mary Quarterly, vol. 7, no. 4, 1899, pp. 205–315. JSTOR, https://doi.org/10.2307/1919740. Accessed 27 Apr. 2023. Esp. page 244
6. ↑ Thomas, Edison H. The Thomas and Bridges Story, 1540-1840. Louisville, Ky.: T & E Publishers, 1972. Reprinted November 1984. Page 56/Image 57
7. ↑ ^{7.0 7.1} The Marshall Family